MA · rules
Mass. Code Jud. Conduct R. 1.2
Promoting Confidence in the Judiciary
Rule 1.2
A judge shall act at all times in a manner that promotes public confidence in the independenceDefinitionA judge's freedom from influences or controls other than those established by law. See Rules 1.2, 2.7, 2.10, 3.1, 3.2, 3.4, 3.7, 3.12, and 3.13., integrityDefinitionProbity, fairness, honesty, uprightness, and soundness of character. See Rules 1.2, 2.7, 2.10, 2.15, 3.1, 3.2, 3.4, 3.7, 3.12, and 3.13., and impartialityDefinitionAbsence of bias or prejudice in favor of, or against, particular parties or classes of parties or their representatives, as well as maintenance of an open mind in considering issues that may come before a judge. See Rules 1.2, 2.2, 2.10, 2.11, 2.13, 3.1, 3.4, 3.6, 3.7, 3.12, 3.13, 3.14, and 4.1. of the judiciary, and shall avoid improprietyDefinitionConduct that violates the law, including provisions of this Code, conduct that constitutes grounds for discipline under G. L. c. 211C, § 2(5), and conduct that undermines a judge's independence, integrity, or impartiality. See Rules 1.2, 2.10, and 3.13. and the appearance of impropriety.
History
Comment [1] Public confidence in the judiciary is eroded by improper conduct and conduct that creates the appearance of impropriety. This principle applies to both the professional and personal conduct of a judge. [2] A judge should expect to be the subject of public scrutiny that might be viewed as burdensome if applied to other citizens, and must accept the restrictions imposed by the Code. [3] Conduct that compromises or appears to compromise the independence, integrity, or impartiality of a judge undermines public confidence in the judiciary. Because it is not practicable to list all such conduct, the Rule is necessarily cast in general terms. [4] A judge is encouraged to participate in activities that promote ethical conduct among judges and lawyers, support professionalism within the judiciary and the legal profession, and promote access to justice for all. [5] Improprieties include violations of lawDefinitionIncludes court rules and standing orders issued by the Supreme Judicial Court, the Appeals Court, the Chief Justice of the Trial Court, or a Chief Justice of a Trial Court Department, as well as statutes, constitutional provisions, and decisional law. Chapter 268A §§ 3 and 23(b)(2) provide that conduct explicitly recognized by another statute or regulation may supersede certain provisions of Chapter 268A. The Rules of the Supreme Judicial Court are considered regulations for this purpose. In several instances, provisions of this Code supersede provisions of Chapter 268A. See Rule 1.1. or this Code, or other conduct for which the judge could be disciplined pursuant to G. L. c. 211C, § 2(5). The test for appearance of impropriety is whether the conduct would create in reasonable minds a perception that the judge violated this Code or engaged in other conduct that reflects adversely on the judge's honesty, impartiality, temperament, or fitness to serve as a judge. [6] A judge is encouraged to initiate and participate in appropriate community outreach activities for the purpose of promoting public understanding of and confidence in the administration of justice. In conducting such activities, the judge must act in a manner consistent with this Code. See, e.g., Rules 3.1 and 3.7. Adopted October 8, 2015, effective January 1, 2016
Provenance
- Source
- www.mass.gov
- Retrieved
- 2026-09-17
- Edition
- 2026-09-16
- Content hash
ecfd7c3045277a2eea273272f22cfeac9042aa621ccb83ba21db0273c9c7717c
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